To the membership, please read, this is very important:
As everyone knows we seem to have some difficulty with Law enforcement on MVA’s when they ask about alcohol and such. After meeting with the Colorado State Patrol I believe that we have come to a compromise that all should be able to live with.
Our policy has been we do not disclose if a patient is or is not intoxicated, we will still maintain that policy on the basis, that to confirm intoxication requires a blood test, and we do not do that within our practice. Not to mention as we have discussed, that the patient actions could be due to a medical condition rather than alcohol.
So if you are asked by law enforcement “is the patient intoxicated?” your answer shall be NO or I don’t know.
The following should help clear up things as they happen on incidents,
A law enforcement officer is investigating the commission of a crime. Information about your patient is needed for the investigation. Under HIPAA rules, this information is not restricted and an official form or request is not required.
A covered provider, ie an EMS provider, providing off site emergency medical care may report private health information as necessary to alert law enforcement to the commission and nature of the crime; location of the crime and of crime victim(s); and the identity, description and location of the perpetrator. HIPAA reference: 45 CFR 164.512 (f)(6).
During an emergency types of information may be needed are:
1. Location of victim
2. Location of suspect
3. Location of crime
4. Locations of persons within the vehicle
5. Medical condition that may have contributed to the crime
6. Observations of intoxication, odor of alcohol
7. Location, type, and extent of injuries of Victim or suspect
8. Identity and description of suspect
9. Statements about the crime
10. Use of restraints in the vehicle
Under HIPAA rules, you may volunteer information about a crime to a law enforcement officer with out waiting for a request.
Now here is what our policy will be.
- If asked by law enforcement on scene, is the patient is intoxicated?, the answer is NO or I DON’T KNOW
- If asked about an odor of alcohol on your patient, answer appropriately yes or no, BUT be very discreet and keep the information between you and the law enforcement officer, and make sure you document that if you answer is yes.
Observations can be made known to law enforcement on scene, but observations only.
Treat all other aspects of patient information as we always have, if you have questions feel free to contact me,